Adultery no more a crime; husband is not the master of his wife: Supreme Court

News Network
September 27, 2018

New Delhi, Sept 27: In a historic judgement, the Supreme Court of India on Thursday struck down Section 497 of the Indian Penal Code that made adultery a criminal offence.

A five-judge Constitution bench of the Supreme Court comprising Chief Justice Dipak Misra and Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra was unanimous in its judgement that held Section 497 as unconstitutional. While holding that adultery is manifestly arbitrary, the court said the act can be a ground for divorce and a person will have civil remedies for it.

The CJI and Justice Khanwilkar said, "We declare Section 497 IPC and Section 198 of CrPC dealing with the prosecution of offences against marriage as unconstitutional".

Reading out his part of the judgement, CJI Misra, who retires early next month, said mere adultery cannot be a crime, unless it attracts the scope of Section 306 (abetment to suicide) of the Indian Penal Code.

Adultery law verdict - Highlights

“Equality is the governing principle of a system. Husband is not the master of the wife,” the CJI said, adding “the magnificent beauty of the democracy is I, you and we”.

The Chief Justice noted that an unhappy marriage might not be a result of adultery but vice versa. He pointed out that adultery is not a criminal offence in countries like China, Japan and Australia.

Justice Indu Malhotra described Section 497 as “a clear violation of fundamental rights granted in the Constitution”. There is no justification for the continuation of Section 497 of IPC, she concurred.

Justice Chandrachud, on his part, said Section 497 is denial of substance of equality as it imposes “a condition on the sexuality of women by making adultery as an offence.” He held the law as a “relic of the past”.

Justice RF Nariman, meanwhile, termed Section 497 dealing with adultery as an archaic law. He concurred with the CJI and Justice Khanwilkar, describing the penal provision under the law as violative of the rights to equality and equal opportunity to women.

Section 497 of the IPC read: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both. In such case the wife shall not be punishable as an abettor."

Comments

sam
 - 
Thursday, 27 Sep 2018

Ohhh....whats going on in india under name of democracy....

Ramprasad
 - 
Thursday, 27 Sep 2018

Strange. SC promoting adultery

Unknown
 - 
Thursday, 27 Sep 2018

Soon rape will be legalised.. 

Kumar
 - 
Thursday, 27 Sep 2018

No need of marriages and SC should legalise pornography. Should start pornography industry (just like other film industry) in India like US. 

Danish
 - 
Thursday, 27 Sep 2018

Rubbish. What is the point in marriage

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News Network
March 11,2020

Bengaluru, Mar 11: The move by rebel ruling Congress MLAs in Madhya Pradesh to trigger the crisis for the party's government in the state appears to have been in the making for at least close to a month as Karnataka BJP leaders were sounded about hosting them in Bengaluru in advance, sources said.

They also indicated that the 19 rebel MLAs would stay in the city for at least two weeks till an alternative government takes charge in Madhya Pradesh.

A senior Karnataka BJP leader, in charge of the Madhya Pradesh legislators' stay in Bengaluru, received a communication from the party's central leaders about the move nearly 15-20 days ago, the sources involved in the development said on condition of anonymity on Tuesday.

The leader had even gone to New Delhi in the third week of February to meet BJP's central leaders in this regard, they said.

In a massive setback for the Congress, its prominent youth leader Jyotiradtya Scindia quit the party and in a coordinated rebellion on Tuesday 21 MLAs loyal to him resigned in Madhya Pradesh, pushing the 15-month-old Kamal Nath government to the brink of collapse.

As many as 19 Madhya Pradesh MLAs, including six ministers, said to be loyalists of Mr Scindia who appeared set to join BJP, are camping at a resort in Bengaluru. Two of them are women, the sources said.

The MLAs on Tuesday sent their resignation letters via e-mail to Raj Bhavan in Bhopal from Bengaluru.

According to the sources, eight legislators, including an independent, have been staying in the city for about a week now. Of them two - one from Congress and the other an independent MLA - had gone back.

The six were joined by 13 legislators, who landed in the city by a chartered flight on Monday, and all of them are put up in a villa.

The senior Karnataka BJP leader, also an MLA, is looking after their stay and related arrangements on the directions of the party high command, the sources said. Their stay here may be for a couple of weeks.

"There will be a no-confidence motion, and then there will be a trust vote of the new alternative government that will be formed. So they may have to stay here for some time. They may be moved out of their current location," they said.

The Madhya Pradesh legislature session is expected to begin on March 16.

The sources also said the six legislators staying in the city since last week were shifted a couple of times within the city.

Congress in Madhya Pradesh, under the leadership of Kamal Nath, had come to power in December 2018 by ousting the BJP by a narrow margin.

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February 26,2020

Mumbai, Feb 26: Maharashtra cabinet minister and Congress leader Aslam Shaikh on Wednesday said that former chief minister Devendra Fadnavis made an irresponsible statement regarding the Shiv Sena-led state government's 'silence' on AIMIM leader Waris Pathan's remark. He added that as the incident took place in Karnataka, Fadnavis should ask Chief Minister BS Yediyurappa about the matter.

"This is an irresponsible statement given by Devendra Fadnavis. He should ask the same question to the Chief Minister of Karnataka where the statement was given," Shaikh said.

"Fadnavis should ask the same question to the Union Home Minister Amit Shah that why has he not been able to control the violence going on in Delhi," he added.

Earlier, on Tuesday, targeting Shiv Sena's silence over the recent controversial remark by Waris Pathan, Fadnavis said the Uddhav Thackeray-led party might be "wearing bangles" but the BJP was not and knew how to retaliate in the same manner.

"Shiv Sena might be wearing bangles but we are not. If someone says something then he will be given an answer in the same way. BJP has this much power," said Fadnavis while launching a scathing attack on ruling-Shiv Sena in Maharashtra for not taking strict action against Pathan.

On February 20, while addressing an anti-CAA rally, at Kalaburagi in Karnataka, Pathan had said, "Time has now come for us to unite and achieve freedom. Remember we are 15 crores but can dominate over 100 crores."

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News Network
January 28,2020

Bengaluru, Jan 28: Karnataka Chief Minister BS Yediyurappa on Tuesday warned the officials that strict action will be taken against the officials, who demand bribe from beneficiaries in various schemes.

Speaking after distributing the regularising letters to around 1000 people belonging to the Backward class in government lands, Mr Yediyurappa said the government was itself coming to the doorsteps of people.

“Officials will visit door to door to distribute the regularization letters and if any officials demand bribe bring to the notice of the government which will take action against such persons,” he said.

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Fairman
 - 
Tuesday, 28 Jan 2020

Shaitan is reading bible

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